A Bayer-Monsanto merger would violate anti-trust laws to create the largest agroindustrial company in the world

Konkurrenz Group, a leading law firm specialized in mergers and acquisitions, raise significant concerns regarding the legality of a Bayer-Monsanto merger. The proposed merger would violate anti-trust regulation in the US and the EU as well as severely restricting choice and options for both farmers and consumers in a market already dominated by a few large players.

An objective legal opinion by anti-trust experts agrees the merger would violate anti-trust laws and lessen competition. The proposed merger would violate a court order that was part of a U.S. Department of Justice consent decree and the primary U.S. anti-trust merger statute, the Clayton Act. The merger would eliminate direct competition between two of the largest players in the farm supply and seed sector – directly affecting seed development, herbicide markets, and innovative research and development. There would likely be less choice and higher food prices for consumers.

Monsanto would grow its significant market power. Its dominance of genetic seed traits and their complimentary herbicides would create unacceptable market concentration, particularly of seed development and sales in North America of cottonseed, canola, soybeans, and corn. Independent research into seed traits and herbicides would face increased restriction.

Monsanto’s RoundUp faces viable competition from only one company: Bayer. Neither company will have an incentive to further develop Bayer's Liberty Link alternative, nor to develop alternatives to RoundUp if a merger goes ahead.

A merger will also mean the Bayer-Monsanto company will control nearly 70% of the cotton acerage in the United State – unacceptably high by antitrust standards. Monsanto already possesses a 97 percent share for soybean traits, a 75 percent share for corn traits, and a 95 percent share for cotton traits, a combined Bayer-Monsanto would have a greater (and for cotton a dominant) share of the seed market, where its traits are promoted.

"Bayer-Monsanto post-merger would account for approximately 70 percent of the U.S. acreage for cotton."

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Monsanto’s already tight restrictions on independent, objective research of its seeds can result in a “new normal”. Already, academics must gain express approval before researching any seeds licenced with Monsanto’s traits.

Farmers’ choices of seeds they can access will be severely limited after a deal, as more traits, seeds, and herbicides could be foreclosed and squeezed out of the market due to licensing restrictions. Ultimately, this will reduce consumer choice as upstream market impacts take hold.

Independently authored by: Maurice Stucke, a law professor at the University of Tennessee and formerly a prosecutor with the Antitrust Division of the U.S. Department of Justice, and Allen Grunes, also formerly of the U.S. Department of Justice Antitrust Division

This merger isn’t just breaking the law, it makes all of our food systems more vulnerable

Fragile monocultures

More corporate control over farming leads to food systems reliant on fewer and fewer specific types of seeds. If a disease targeted any of Bayer-Monsanto’s patented seed strains, it could spell disaster for our global food systems.

Disastrous pesticides

Bayer’s neonic pesticides are harming bee populations worldwide, and Monsanto’s Roundup kills the main food source for Monarch butterflies, which are now at risk of extinction. We rely on both species to pollinate our crops. What’s more, independent experts of the WHO classified glyphosate, RoundUp's key ingredient, as a probable cause of cancer.

Rising food prices

A Bayer-Monsanto mega corporation would have a lot of power over seed and fertilizer prices, which could in turn get passed onto consumers in the grocery aisles. Consumers could also be faced with fewer organic and non-GMO food options.

What’s more, only 7% of Bayer shareholders think the acquisition is a good strategic move

Bernstein and Company conducted an independent poll of Bayer shareholders and found that only 7% supported the acquisition. Bernstein has no connection to SumOfUs or other advocacy groups.

According to investment magazine the Motley Fool, “[Investors] immediately after the takeover offer was announced, castigated it as an 'immediate destruction' of shareholder value. That view seems to be shared by the investors surveyed by Bernstein, who by and large believe Bayer should focus on either healthcare (50% of respondents) or its pharma pipeline (39%).

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“As a financial advisor, I oppose this merger because it centralizes food and prescription drugs so intensely that neither Bayer nor Monsanto will be good incubators for NEW ideas. It will be too big of a company and is likely to stagnate. That's bad for my profits.”

— J. Gruber, Bayer shareholder

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